Terms & Conditions
1 ACCEPTANCE OF TERMS - GENERAL
1.1 The use of the CAPITAL LAND Website is subject to the terms and conditions (“T&C”) provided herein. By accessing and using the CAPITAL LAND Website you agreed to be bound by this T&C and any modifications and amendments, which may be posted by CAPITAL LAND on the CAPITAL LAND Website from time to time.
1.2 You agree that CAPITAL LAND may modify and amend this T&C at any time without notice. Unless explicitly stated otherwise, any new service introduced by CAPITAL LAND, shall be subjected to this T&C. All such notices are hereby incorporated by reference into the T&C. You are responsible for regularly reviewing CAPITAL LAND’s T&C posted on the CAPITAL LAND Website. By continuing to use the CAPITAL LAND Website, you are deemed to have agreed to be bound by any modifications and amendments to this T&C.
1.3 You can access the CAPITAL LAND Website home page and browse the Website without disclosing your personal data. The service and links of the CAPITAL LAND Website may include links to third party websites and are subject to Section 7 herein.
1.4 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this terms and conditions. By submitting your information you had consented to these transfers.
1.5 "You" shall mean any user of the CAPITAL LAND Website.
1.6 “CAPITAL LAND” shall mean CAPITAL LAND SDN. BHD. and “CAPITAL LAND Group” shall mean any subsidiary and affiliate companies of CAPITAL LAND SDN. BHD.
1.7 “CAPITAL LAND Service” shall mean the services and products provided and made available to you by the CAPITAL LAND Group.
   
2 USE AND SECURITY
2.1 Information on the CAPITAL LAND Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. CAPITAL LAND may also make improvements and/or changes to the CAPITAL LAND Website at any time without notice.
2.2 The CAPITAL LAND Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the CAPITAL LAND Website and assume all risk associated therewith.
2.3 The CAPITAL LAND Website may not be available to be accessed from all regions and countries of the world. CAPITAL LAND reserves the right, in its sole discretion, to limit or terminate your ability to access the CAPITAL LAND Website from certain regions or countries, and you assume all risk associated with the accessibility of CAPITAL LAND Service, Website from any given region or country of the world.
2.4 CAPITAL LAND reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.
   
3 YOUR CONDUCT
3.1 You agree to use the CAPITAL LAND Website only for lawful purposes and in accordance with this T&C.
3.2 You agree to notify CAPITAL LAND immediately of any unauthorised use or any other breach of security at the end of each session. CAPITAL LAND cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through CAPITAL LAND Service. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
3.4 You may not use CAPITAL LAND Website in any manner that could damage, disable, overburden, or impair the CAPITAL LAND Website or interfere with any other party's use and enjoyment of CAPITAL LAND Service. You may not attempt to gain unauthorised access to the CAPITAL LAND Website, computer systems or networks connected to the CAPITAL LAND Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CAPITAL LAND Website.
3.5 You shall not post or transmit through the CAPITAL LAND Website any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the CAPITAL LAND Website any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of this T&C, or which, without CAPITAL LAND’ prior written approval, contain advertising or any solicitation with respect to products or services.
   
4 TERMINATION/ACCESS RESTRICTION
4.1 Without limiting anything herein contained, CAPITAL LAND reserves the right to terminate the CAPITAL LAND Website at any time without notice and for any reason.
4.2 In addition to any termination rights CAPITAL LAND may have under this T&C, CAPITAL LAND may terminate your access to the CAPITAL LAND Website without notice and in its own discretion in the occurrence of the following:
 
• You materially violate this Terms of Use (TOU) or any Notice posted from time to time on the CAPITAL LAND Website, any applicable law, rule or regulation relating to the use of the CAPITAL LAND Service; or
• Any law, regulation, or governmental action renders all or any portion of the CAPITAL LAND Website(or your use of the CAPITAL LAND Service) unlawful or impracticable; or
• Your use of the CAPITAL LAND Website impairs or threatens to impair the integrity or functionality of the CAPITAL LAND network in any manner; or
• If CAPITAL LAND believes that you have violated or acted inconsistently with the letter or spirit of this T&C.
4.3 You agree that CAPITAL LAND shall not be liable to you or any third-party for any termination of your access to the CAPITAL LAND Website or your CAPITAL LAND Website Account.
   
5 DISCLAIMER & LIMITATION OF LIABILITY
5.1 CAPITAL LAND makes no warranty that the CAPITAL LAND Website will meet your requirement or that the CAPITAL LAND Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the CAPITAL LAND Website are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the CAPITAL LAND Website for the reconstruction of any lost data. All use of the CAPITAL LAND Website is at your own risk and you are solely responsible for all damages resulting therefrom.
5.2 The CAPITAL LAND Website is not intended for "mission critical" circumstances and is provided on an "as is," where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
5.3 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall CAPITAL LAND be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if CAPITAL LAND has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the CAPITAL LAND Website, any changes to the CAPITAL LAND Website and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the CAPITAL LAND Website or arising in connection with the fraudulent or unlawful acts of any third party.
5.4 You specifically agree that CAPITAL LAND is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
5.5 If you are dissatisfied with the CAPITAL LAND Website , the materials available on or through the CAPITAL LAND Service, Website or with the provisions of this T&C, you agree that your sole and exclusive remedy is to discontinue using the CAPITAL LAND Website or any of CAPITAL LAND’s other products and services.
5.6 CAPITAL LAND will take reasonable measures to maintain the privacy and security of all private information provided by you to the CAPITAL LAND Website, but third parties (such as hackers) may breach or attempt to breach CAPITAL LAND ' security measures or may gain unauthorised access to the CAPITAL LAND database or other equipment containing your information. You agree that CAPITAL LAND shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the CAPITAL LAND Website or any other company equipment or user information.
   
6 INDEMNITY
6.1 You agree to indemnify, defend and hold CAPITAL LAND, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to CAPITAL LAND’ Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on the CAPITAL LAND Website.
   
7 LINKS TO THIRD PARTY SITES
7.1 The CAPITAL LAND Website may contain links to third party Websites ("Linked Websites"). CAPITAL LAND shall not be responsible if the Linked Website is not working appropriately. CAPITAL LAND has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
7.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that CAPITAL LAND shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. CAPITAL LAND has no responsibility or liability for any merchant or your relationship with such merchant.
   
8 DISCLOSURE AND CONFIDENTIALITY
8.1 CAPITAL LAND reserves the right to disclose any personal information about you or your use of the CAPITAL LAND Service and without your prior permission if CAPITAL LAND in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CAPITAL LAND or its holding or affiliated companies; (3) enforce this T&C; or (4) act to protect the interests of its members or others.
8.2 Any non-personal information or material sent to CAPITAL LAND by you will generally NOT be treated as confidential.
   
9 PROPRIETORY RIGHTS (COPYRIGHT)
9.1 The CAPITAL LAND Website, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on the CAPITAL LAND Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the CAPITAL LAND Website and Content found on the CAPITAL LAND Website is strictly prohibited, without CAPITAL LAND’ express and prior written consent. Any reproduction or redistribution of the CAPITAL LAND Service, and Content found on the CAPITAL LAND Website, not in accordance with the T&C herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.2 Elements of the CAPITAL LAND Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
9.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by CAPITAL LAND.
   
  PROPRIETORY RIGHTS (GRANT OF LICENSE AND RESTRICTIONS)
9.4 You acknowledge and agree that the CAPITAL LAND Website and any necessary software used in connection with the CAPITAL LAND Website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. CAPITAL LAND reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
   
  PROPRIETORY RIGHTS (TRADEMARKS AND THIRD PARTY MATERIALS)
9.5 CAPITAL LAND reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this T&C grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with CAPITAL LAND. CAPITAL LAND does not control or endorse the content of third party websites.
   
10 GENERAL
10.1 This T&C is governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and CAPITAL LAND regarding this T&C will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the CAPITAL LAND Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by CAPITAL LAND in and from Malaysia.
10.2 This T&C contains the entire understanding between the parties hereto with respect to the CAPITAL LAND Website, and supersedes all previous oral or written agreements or understandings between you and CAPITAL LAND, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this T&C) shall create any obligation or warranty on the part of CAPITAL LAND not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by CAPITAL LAND, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this T&C.
10.3 CAPITAL LAND's performance of this T&C is subject to existing laws and legal process, and nothing contained in this T&C is in derogation of CAPITAL LAND's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the CAPITAL LAND Website or information provided to or gathered by CAPITAL LAND with respect to such use.
10.4 If any provision of this T&C is held invalid, the remainder of this T&C will continue in full force and effect, and If any provision(s) of the T&C is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This T&C shall not be construed against any party as the principal draftsperson hereof. A printed version of this T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
10.5 CAPITAL LAND's failure to insist upon or enforce strict performance of any provision of this T&C shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by CAPITAL LAND in writing.
10.6 Notices to you shall not be modified, except by an express modification by CAPITAL LAND as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the CAPITAL LAND Service.
10.7 CAPITAL LAND reserves the right to amend any of the provisions of this T&C from time to time. Amendments will be effective immediately upon notification on the CAPITAL LAND website. Your continued use of the CAPITAL LAND Website and participation of, CAPITAL LAND Service will represent an agreement by you to be bound by this T&C as amended.
10.8 CAPITAL LAND may assign its rights and duties under this T&C to any party at any time without notice to you and this T&C shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.